“We should have sold my mum’s property years ago, but the co-executor won’t move out” – which case won?
A case heard in NSW concerned a dispute between one co-executor who was the son of the deceased, and one who had been her de facto partner.
In April 2011 a woman died at 60 years of age. She was survived by her two adult children and her de facto spouse.
The woman and the de facto spouse had lived together as a couple since about 1996 until her death, a period of about 15 years. They lived together on the NSW coast in a home unit which was owned by the woman.
The property was the woman’s only asset of any real value, which was estimated at $245,000 at her death.
The woman made her last will in 1998, appointing one of her sons and her de facto spouse as co-executors. The will left half the value of her home to her de facto spouse and the other half to her sons.
Probate of the will was granted to the son and the de facto spouse as co-executors.
“He was like a father to me, that’s why he left me his estate in an informal will.” Which case won?
A case in NSW revolved around the question of whether a note on a mobile phone should be admitted to probate as an informal will.
A 79-year-old man had an estate worth $13.6 million.
He had no surviving dependants and lived alone, but maintained close relationships with his older brother and with his best friend, who had become like a son to him.
For years, the man’s solicitor had “badgered” him to make a will, but he kept putting it off, saying he didn’t know what to do with his money.
On 4 August 2022, the man had a severe diabetic episode in the middle of the night and called an ambulance, as well as calling his best friend, who drove to the man’s house.
After the paramedics left at around 3:30am, the man’s friend told him he needed to “put in writing what his intentions were with his property” because “none of us know when we’re going to go.”
